The appellant developer appealed a Local Planning Appeal Tribunal decision that repealed a site-specific zoning by-law amendment, preventing the construction of a 16-storey mixed-use building in downtown Kingston.
The Tribunal had found the development incompatible with the area's heritage character and Official Plan policies.
On appeal to the Divisional Court, the appellant argued the Tribunal erred in law by prioritizing heritage over intensification, misapplying zoning by-laws, and improperly imposing height restrictions.
The Divisional Court dismissed the appeal, finding that the Tribunal's balancing of competing policies and assessment of the public interest involved questions of mixed fact and law, not extricable errors of law.
